Terms of service
TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as "Terms and Conditions") of the Company
Strudel & friends s.r.o., ID: 10832475, with registered office at Vršovická 896/32, 101 00 Prague 10,
registered at the Municipal Court in Prague under file number C 349011/MSPH
(hereinafter referred to as "Seller")
governing the mutual rights and obligations of the contracting parties arising in connection with or on
on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and
by a natural or legal person (hereinafter referred to as the "buyer") via the Internet
seller's store. The online store is operated by the seller on the internet
Address www.strudelandfriends.cz (hereinafter referred to as "online store").
The seller can be contacted: phone number +420 774 235 655, +420 605 473 063,
email: info@strudelandfriends.cz.
1. GENERAL PROVISIONS
1.1. These terms and conditions are intended for the purchase of goods by the buyer for the purpose of direct
consumes not for the purposes of his business activity and are part of the contract that he
The seller closes with the buyer. These terms and conditions also fulfill the function of fulfilling information
obligations according to Act No. 634/1992 Coll., on consumer protection and other regulations.
1.2. The terms and conditions are an integral part of the purchase contract. Deviant
the provisions in the purchase contract take precedence over the provisions of these commercial
condition. The principle of priority of deviating provisions also applies to the offer of goods on sale.
1.3. These terms and conditions and the purchase contract are concluded in the Czech language.
1.4. Rights and obligations not expressly regulated by the terms and conditions are generally governed
binding regulations, especially the Civil Code as amended.
1.5. These terms and conditions also fulfill the function of fulfilling information obligations according to Act No.
634/1992 Coll., on consumer protection and other regulations.
2. SUBJECT MATTER AND CONCLUSION OF THE CONTRACT
2.1. When ordering goods, the buyer is obliged to enter all data correctly and truthfully.
2.2. The buyer orders the goods in this way: by filling out the order
forms without registration or through a created user account
customer managed by the e-shop operator.
2.3. To conclude the contract, the buyer first selects the goods selected by him, using the "Add to
actionbasket", together with the quantity of this item, while automatically set
a quantity of goods requiring no action by the buyer is one item. Mon
after selecting the goods, the buyer performs the action "Show cart".
2.4. As part of the recapitulation of the order, the buyer will state and check his delivery details.
The buyer sends the order to the seller by clicking the "Checkout" button, whereby
confirms the acceptance of the online store offer. The condition for the validity of the order is
filling in all mandatory data in the order form and confirmation by the buyer o
by becoming familiar with these terms and conditions.
2.5. After receiving the order, the seller sends the buyer a confirmation of receipt of the order
to the e-mail address provided by the buyer when ordering. The purchase contract is concluded
the moment the seller sends the order confirmation to the e-mail address
buyer.
2.6. Depending on the nature of the order, especially in the case of larger
ordersquantity of goods, the seller is always entitled to the buyer even after delivery of confirmation of
order acceptance request additional order confirmation (for example in writing or
by phone), or for additional information about the order. If the buyer does not confirm the order
without undue delay, or if no additional information is provided, the effectiveness of the contract
disappears.
2.7. In the event that any of the requirements listed in the order cannot be fulfilled by the seller
2.8. In the event that there was a technical error on the part of the seller when specifying the price of the goods
in the online store or during ordering, the seller is not obliged to deliver
to the buyer of the goods at this clearly erroneous price. The seller informs the buyer about
error without undue delay and send to the buyer's email address
amended menu. The amended offer is considered a new draft of the purchase contract a
in this case, the purchase contract is concluded by confirmation of acceptance by the buyer via email
the seller's address stated in the header of these terms and conditions.
2.9. All orders accepted by the seller are binding. The buyer is entitled to cancel
the order until the buyer is notified of the acceptance of the order
by the seller. The buyer can cancel the order by sending an order cancellation message
to the e-mail address of the seller specified in these terms and conditions.
fulfil, sends the buyer an amended offer to his e-mail address. Amended
the offer is considered a new draft of the purchase contract and the purchase contract is in such case
concluded by the buyer's confirmation of acceptance of this offer to the seller on his e-mail
address specified in these terms and conditions.
1.6. The wording of the terms and conditions may be changed or supplemented by the seller. Changes or
additions enter into force on the day of their publication on the Internet address
www.strudelandfriends.cz. This provision does not affect the rights and obligations arising
for the period of validity of the previous version of the terms and conditions.
3. PURCHASE PRICE AND PAYMENT THEREOF
3.1. Information about goods, including the prices of individual goods and their main features,
are listed for individual goods in the online store catalog. The price is valid in
time of ordering. The listed prices are final, including the current VAT rate
value and any additional fees. Shipping costs are listed
separately. Together with the purchase price, the buyer is also obliged to pay the seller
costs associated with packaging and delivery of goods in the agreed amount and with their delivery (hereinafter only
"postage"), in the amount according to the delivery method chosen by him.
3.2. The buyer is obliged to pay the purchase price and postage together with sending the order, or
immediately after it, according to the payment method chosen by him, if he did not explicitly choose payment at
delivery of goods. In any case, ownership of the goods passes to the buyer until v
the moment of payment of the total price of the goods.
3.3. The buyer may choose to pay the purchase price and postage to the seller:
- cashless by payment card via Stripe payment gateway
3.4. In the case of payment through a payment gateway, the buyer will be redirected to
Stripe payment gateway. The buyer enters into a contractual relationship with the provider
individual means (system) of payment of your choice. The buyer is obliged to
by making the payment, familiarize yourself with the relevant terms and conditions governing
use of individual means (system) of payment. The seller is not responsible for damage
caused by the payment means (system) operator.
3.5. In the case of non-cash payment, the buyer's obligation is fulfilled at the time of credit
relevant amounts to the seller's bank account.
4. DELIVERY OF GOODS
4.1. The goods will not be shipped to the buyer unless the purchase price and postage are credited
on account of the seller.
4.2. The goods are delivered to the buyer at the address specified by the buyer in the order.
4.3. The choice of delivery method is made during the ordering of goods, according to the current
delivery method offers. The buyer chooses the delivery method. The amount of postage se
depends on the method of delivery chosen by the buyer, and this amount will also be indicated during the
order execution and order confirmation.
4.4. In the event that the mode of transport is chosen and contracted on the basis of a special request
the buyer bears the risk and any additional costs associated with this method of transport
buyer.
4.5. If, for reasons on the buyer's side, the goods have to be delivered repeatedly
or in a different way than was specified in the order, the buyer is obliged to pay
costs associated with repeated delivery of goods, or costs associated with another
by delivery method.
4.6. When taking over the goods from the carrier, the buyer or a person authorized by him is obliged
check that the packaging of the goods is intact and, in case of any defects, this immediately
notify the carrier and the seller. In case of finding a violation of the packaging indicating o
unauthorized intrusion into the shipment does not require the buyer to take over the shipment from the carrier.
5. WITHDRAWAL FROM THE CONTRACT
5.1. A buyer who concluded a purchase contract outside of his business activity as
the consumer has the right to withdraw from the purchase contract.
5.2. The buyer has the right to withdraw from the contract without giving a reason in the manner described
below, within 14 days from the date of acceptance of the goods by the buyer or a person designated by him, otherwise
right expires.
5.3. To withdraw from the purchase contract, the buyer can use the sample form
to withdraw from the contract provided by the seller.
5.4. In order to comply with the withdrawal period, the buyer must send a declaration o
withdrawal within the withdrawal period, no later than the 14th day after takeover
goods. The withdrawal from the contract will be sent by the buyer to the e-mail or delivery address
seller specified in these terms and conditions. The seller confirms
buyer receiving the form immediately.
5.5. Goods without undue delay, no later than 14 days from the day when the
withdrawal from the contract, the buyer must send back to the seller's address given in
these terms and conditions. The deadline is considered to be observed if the buyer
will send the goods back before the expiration of 14 days from their receipt. Costs associated with
returning the goods is borne by the buyer.
5.6. The buyer is only responsible for the decrease in the value of the goods as a result of handling it
goods in a manner other than that necessary to become familiar with the nature and properties
goods allowing withdrawal from the contract according to this article.
5.7. The seller's obligation is to return to the buyer the purchase price that the buyer
paid the seller for these goods within 14 days from the day of withdrawal from the contract,
including postage for delivery of the goods to the buyer (if the buyer chose other than
the cheapest method of delivery of goods offered by the seller will be returned by the seller to the buyer
the cost of delivering the goods in the amount corresponding to the cheapest offered delivery method
goods.).
5.8. To return payments, the seller will use the same means of payment that he used
buyer to make the initial transaction. The seller will return the money
received to the buyermeans in another way only if the buyer agrees and if it
there will be no additional costs.
5.9. The goods must be returned by the buyer to the seller undamaged, unworn, unpolluted
and in the original packaging. The seller is entitled to a claim for compensation for damage caused to the goods
unilaterally set off against the buyer's claim for a refund of the purchase price.
5.10. The buyer cannot withdraw from the contract if the goods were delivered in closed
packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons. Goods
must be returned in original condition, original packaging, must not have damaged packaging,
labels must still be attached to the goods, the goods must not be used or damaged in any way.
The right to return the goods in an opened or damaged package, if the goods (package contents)
delivered defective, subject to compliance with the terms of the Civil Code to the buyer of course
remains.
5. 11. The seller is entitled to withdraw from the purchase contract due to the stock being sold out,
unavailability of goods, or when the manufacturer, importer or supplier has discontinued the goods
production or import of goods. The seller immediately informs the buyer
via the email address provided in the order and will return it within 14 days from
notice of withdrawal from the purchase contract all funds including costs
for the delivery that he received from him under the contract, in the same way, as the case may be
by the method specified by the buyer.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. The seller is responsible to the buyer that the goods have no defects upon receipt, in particular that v
takeover period
- the goods have the properties agreed upon by the parties, and if there is no agreement, they have such
features described by the seller or manufacturer or expected by the buyer
given the nature of the goods and based on their advertising,
- the goods are suitable for the purpose that the seller states for their use or for which
goods of this kind usually use,
- the goods correspond in quality or design to the contracted sample or original, if any
quality or design determined according to the contracted sample or design
- is the goods in the corresponding quantity, measure or weight,
- the goods comply with the requirements of legal regulations.
6.2. The buyer is entitled to exercise the right to a defect that occurs in the goods, according to the procedure
described below within twenty-four months of receipt.
6.3. For goods with a marked warranty period on the packaging, the seller undertakes that the goods will
for the warranty period suitable for use for the usual purpose or that it will retain the usual
properties.
6.4. In the event that the goods are not available upon receipt, within twenty-four months of receipt
or for the warranty period stated on the packaging of the properties listed above, the buyer has
made a claim right to:
- exchange for new goods,
- a reasonable discount from the purchase price,
- withdrawal from the purchase contract.
6.5. The buyer has the right to withdraw from the contract:
- if the goods have a substantial defect,
- if he cannot use the item properly due to the repeated occurrence of the defect,
- in case of a large number of product defects.
6.6. However, the seller points out that the determination of what amount of discount is reasonable is
a matter of individual assessment of the matter, it can be lengthy and according to legal regulations
does not depend on consumer discretion.
6.7. The buyer can claim defective goods by sending a claim notice including
claimed goods to the address of the seller's registered office stated above. Written Notice o
claims for defective goods must always include the identification data of the buyer and his
contact details (residential address, e-mail address and phone number), reason for complaint
(description of specific defects), order identification information (e.g. order number) and
specific goods. The buyer must also state the chosen right from the delivery of defective goods
Together with the notification of the defect, or to state it without unnecessary delay afterwards.
6.8.. After the seller receives the complaint notification and the claimed goods, he confirms
to the buyer using an electronic message to send a complaint to the e-mail address
the buyer's address given in the complaint notice.
6.9. The seller or an employee authorized by him will decide on the resolution of the complaint without
unnecessary delay after receiving the complaint notification and the claimed goods,
no later than 3 working days after receiving the goods. However, this time is not counted
time appropriate for the type of product or service required for expert assessment
claimed defects.
6.10. Complaints, including defect removal, must be handled without undue delay,
at the latest within 30 days from the day the claim is made, unless the seller and the buyer
will agree on a longer period. Within this period, the seller is obliged to inform the buyer about
result of the complaint procedure.
6.11. If the claim is recognized by the seller, they will be paid by the buyer
the seller is reimbursed for purposefully incurred costs when exercising rights from responsibility for
defects. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period,
in which a defect was to be pointed out, there may not be a right to compensation for purposefully spent expenses
costs later recognized.
6.12. If the claim is not recognized by the seller, the goods will be sent back to the buyer s
written justification for rejecting the claim.
6.13. The rights and obligations of the contracting parties regarding rights from defective performance are governed by
by the provisions of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
7. GIFT VOUCHERS AND DISCOUNT CODES
7.1. The buyer is entitled to enter the codes contained on the purchased
when creating the ordergift vouchers and discount codes provided by the seller in accordance with their rules.
7.2. Unless otherwise stated by the seller, there are no gift vouchers or discount codes
can be applied repeatedly, nor combined with each other or used for purchase
other vouchers.
7.3. Discount codes cannot be applied to sale items, unless the seller expressly
provides otherwise.
7.4. If the gift voucher or discount code has a limited validity period, the buyer is
authorized to use the gift voucher or discount code only before it expires.
8. OUT-OF-COURT DISPUTE RESOLUTION
8.1. In the event that there is an
between the seller and the buyera consumer dispute from a purchase contract that cannot be resolved by mutual agreement of the parties,
can the buyer submit a proposal for an out-of-court settlement (i.e. for an amicable settlement between
parties) of such a dispute to the designated subject of out-of-court consumer resolution
disputes which are:
Czech Trade Inspection
Central Inspectorate
Štěpánská 15
120 00 Prague 2
web: www.coi.cz
8.2. The goal of out-of-court settlement of consumer disputes is to reach an amicable settlement
dispute and agreement of the parties.
9. FINAL PROVISIONS
9.1. The seller has the right to modify the terms and conditions without prior notice.
The buyer acknowledges that his order is covered by the commercial version
conditions, which are published on the e-shop at the time of confirmation of the relevant order.
9.2. Any use of the e-shop or its own content, copying of its content or
storing content, both in part or in whole, for other than personal and non-commercial purposes
use is not permitted without the express written consent of the seller. The seller si
reserves the right to immediately block access to the e-shop, which in particular violates tthis
establishment of business conditions.
9.3. The seller has the right to assign or pledge any claim/s
to third partiesfor payments to the buyer that arose in connection with the delivery of the goods.
9.4. For purchase contracts concluded between the seller and the buyer and any other legal
relationships between the seller and the buyer are governed by the legal regulations valid in the Czech Republic
republic.
9.5. If any provision of these terms and conditions becomes invalid
or ineffective, such invalid provisions shall be replaced by provisions of which
the meaning comes as close as possible to the invalid provision. Invalidity or ineffectiveness
any provision does not affect the validity and effectiveness of other provisions.
9.6. Buyers can file a complaint with the Czech Trade Inspection (www.coi.cz),
state supervisory body for consumer protection.
9.7. These Terms and Conditions are valid and effective from 1.12.2021. .
ANNEX - WITHDRAWAL FORM ACCORDING TO ARTICLE 5
OF THE TERMS AND CONDITIONS
Notice of withdrawal:
Addressee (Seller) – Strudel & friends s.r.o., Vršovická 896/32, 101 00 Prague 10 ID:
10832475
I hereby give notice that I withdraw from the contract for the purchase of goods
(PLEASE PROVIDE THE NAME OR DESCRIPTION OF THE GOODS AND THE ORDER NUMBER)
Date of receipt of goods –
First and last name of the buyer –
Buyer's address –
Date of this notice –